25-403

25-403. Custody; best interests of
child

A. The court shall determine custody, either originally or on petition for
modification, in accordance with the best interests of the child. The court shall
consider all relevant factors, including:

1. The wishes of the child's parent or parents as to custody.

2. The wishes of the child as to the custodian.

3. The interaction and interrelationship of the child with the child's parent or
parents, the child's siblings and any other person who may significantly affect the
child's best interest.

4. The child's adjustment to home, school and community.

5. The mental and physical health of all individuals involved.

6. Which parent is more likely to allow the child frequent and meaningful
continuing contact with the other parent. This paragraph does not apply if the court
determines that a parent is acting in good faith to protect the child from witnessing an
act of domestic violence or being a victim of domestic violence or child abuse.

7. Whether one parent, both parents or neither parent has provided primary care of
the child.

8. The nature and extent of coercion or duress used by a parent in obtaining an
agreement regarding custody.

9. Whether a parent has complied with chapter 3, article 5 of this title.

10. Whether either parent was convicted of an act of false reporting of child abuse
or neglect under section 13-2907.02.

11. Whether there has been domestic violence or child abuse as defined in section
25-403.03.

B. In a contested custody case, the court shall make specific findings on the
record about all relevant factors and the reasons for which the decision is in the best
interests of the child.